Chapter 3 - Drugs Mental Health And Alcohol

Question 1

Procedure for entering clan lab

Answer 1

In all unplanned entry situations police must
Immediately remove persons of interest
Isolate the site and maintain safety perimeter
Preserve the crime scene
Notify duty inspector and contact clan lab team and also fire
Seek advice re decontamination procedure
Keep staff and occupants separated until decontamination issues have been addressed
Seek medical advice if suffering any effects

Question 2

Section 20 search and surveillance act 2012

Answer 2

Warrantless search of place and vehicles in relation to some misuse of drugs act 1975 offences

A constable may enter and search a place or vehicle without a warrant if he or she has reasonable grounds

To believe that it is not practicable to obtain a warrant and that in that place or vehicle there is any drugs listed in the misuse of drugs act 1975

To suspect in that place or vehicle an offence has been committed against the misuse of drugs act 1975

To believe that if search is not carried out immediately evidential material related to the offending may be concealed altered damaged or destroyed

Question 3

Section 21 search and surveillance act 2012

Answer 3

Warrantless search of people found in or on places and vehicles

A constable searching any place or vehicle under section 20 may without warrant search and person found in that place

Question 4

Section 22 search and surveillance act 2012

Answer 4

Warrantless power to search for controlled drugs and precursor substances if offence suspected against the misuse of drugs act 1975

A constable may without warrant search a person in the following circumstances

If they believe that the person is in possession of 
Controlled drug schedule 1
Controlled drug part 1 schedule 2
Controlled drug part 1 schedule 3 
Controlled drug part 3 schedule 4

To suspect that an offence against the misuse of drugs act 1975 has been committed

This section does not
Limit sec 20 and 21
Authorise a constable to enter and search any place except in accordance with section 20 or 21

Question 5

Section 124 search and surveillance act

Answer 5

Unless authorised by another enactment a constable must not conduct an internal search of any part of the persons expect with the persons consent search their mouth

A constable must not require any other person to conduct an internal search of any part of the body (unless arrested for certain offences under the misuse of drugs act 1975)

Question 6

Warrantless searches of people in relation to drugs

Answer 6

May search without warrant a person if you believe on reasonable grounds

Person is in possession of a controlled drug or precursor substance and

Suspect that an offence against the misuse of drugs act 1975 is or has been committed

Unless impractable obtain approval from a sergeant before using this search power

Question 7

What is an internal search

Answer 7

An internal search is an internal examination of any part of the persons body by means of

An x ray machine or similar
A Manual or visual examination through any body orifice (whether or not facilitated by any instrument or device)

Question 8

What is not an internal search

Answer 8

When searching through mouth nose or ear orifices (this is part of a normal search)

Question 9

Section 2 mental health act

Answer 9

Interpretation

Mental disorder means an abnormal state of mind characterised by delusions or by disorders of mood or perception of such a degree that it
Poses a serious danger to the health or safety of that person
Seriously diminishes the capacity of that person to take care of himself

And mentally disordered in relation to any such person has a corresponding meaning

Question 10

Section 109 mental health act

Answer 10

Any person wandering at large in a public place and acting in a manner which gives rise to a reasonable belief that he or she may be mentally disordered a constable may

Take that person to police station hospital or surgery and
Arrange for a medical practitioner to examine the person at that place as soon as practicable

If the medical practitioner does not believe the person is mentally disordered the person shall be released

If reasonable grounds person is mentally disordered
In the best interest of the person to be assessed

Medical practitioner must
Issue a certificate under 8b 4b
Make an application under 8a

Cannot detain longer than 6 hours

Question 11

Section 110c mental health act

Answer 11

Powers of police when urgent assistance required

A constable Called to the assistance of a medical practitioner may enter the premises where the person is
If not in uniform produce indentification

A constable who enters the premesis may at the request of the medical practitioner

Must not be detained longer than 6 hours
Detain the patient
Take that person to place nominated by the medical practitioner

Question 12

Considerations if mentally disordered person on private property

Answer 12

No powers under mental health act to enter private property

Section 8 search and surveillance act - if you suspect person has committed an imprisonable offence

Section 7 search and surveillance act - unlawfully at large for example person is subject to an inpatient order and is absent without leave

Section 14 search and surveillance act - risk to life and safety

Question 13

Section 4 sale and supply of alcohol act 2012

Answer 13

Object

Object of this act is that
Sale supply and consumption of alcohol should be undertaken safely and responsibly
Harm caused by excessive consumption of alcohol,should be minimalised

Harm caused by alcohol includes
Any crime, death, illness, disorderly behaviour by the consumption of alcohol
Any harm to society caused by alcohol

Question 14

Section 237 sale and supply of alcohol act

Answer 14

Irresponsible promotion of alcohol

A person commits an offence if
Encourages people to consume an excessive amount of alcohol

Promotes or advertises discounts of alcohol more than 25% on licences premesis

Promotes or advertises alcohol that is free of charge

Promotes or advertises alcohol to minors

Question 15

Section 266 closure of licences premesis by police

Answer 15

If a riot is taking place

If there is fighting or serious disorder or reasonable ground for believe fighting or disorder may break out

If there is a significant threat to public health or safety

If conduct on a licences premesis amounts to public nuisance

If there are reasonable grounds to believe offences with max penalties of 5 years have been. Committed

A constable may order the closure of any licensed premesis for 24hrs

Question 16

Section 267 sale and supply of alcohol act

Answer 16

Powers of entry on licences premises

A constable may at any reasonable time enter and inspect any licensed premises to ascertain whether the licensee is complying with the act

Also may enter if reasonable grounds to believe that offence against the act is being committed

Constable may require the production of any licence, book or other document and examine and make copies of it

Require the licensee to provide information or assistance relating to any matter within the duties of the licensee or manager

A person commits an offence and is liable for a fine not exceeding $2000 if
Refuses to admit entry to a constable under this section
Delays entry unreasonably to any constable

Also liable for fine if
Fails to produce licence or document when required
Fails to provide assistance or info when required

Question 17

Section 269 sale and supply of alcohol act

Answer 17

Power of police to demand information

Reasonable cause to suspect any person is committing an offence against the act constable can require the person to give their particulars

If they believe particulars are false constable may require person to provide evidence of particulars

If any person refuses they can be arrested without warrant by a constable

A person who does not give particulars or gives false particulars is committing an offence and may be fined up to $2000

Question 18

Definitions of
Riot
Licensed premises
Licensee
Manager

Answer 18

Riot - is defined as a group of 6 or more people who acting together are using violence against persons or property to the alarm of persons in the neighbourhood

Licensed premises - any premises for which a licence is held for the sale and supply and consumption of alcohol

Licensee - means a person who holds a licence (and in relation to licensed premises means the person who holds the licence concerned)

Manager - means a manager of licensed premises appointed under the sale and supply of alcohol act (and in relation to the licensed premises means a manager of those premises)

Question 19

Who is authorised to close any licensed premesis

Answer 19

Any constable may order the immediate closure of a licensed premises

Question 20

Factors to consider when closing licensed premises

Answer 20

The weight of evidence supporting closure
Previous interactions with police
Likelihood of escalation violence
Duration of the closure

Question 21

Considerations when deciding the duration of the closure

Answer 21

When order is likely to be restored
Whether closure is sufficient to address public nuisance concerns
The impact on the licensee

Question 22

Local government act section 169

Answer 22

Powers of arrest search and seizure in relation to alcohol bans

A constable may without warrant
For the purpose of ascertaining whether alcohol is present search
Containers ie bags cases
A that is in or is entering a restricted place

Seize and remove any alcohol that is in breach of an alcohol ban
Arrest any person whom the constable finds committing an offence
Arrest any person who has refused to comply with a request by a constable
To leave a restricted place
Or surrender any alcohol in their possession in breach of an alcohol ban

Question 23

Local government act section 170

Answer 23

Before exercising a power of search a constable must
Inform the person in possession of the alcohol or the vehicle that they have the opportunity to remove the alcohol from the vehicle

Provide that person with a reasonable opportunity to remove the alcohol from the vehicle from the public place

Question 24

Enforcement principals in relation to alcohol bans

Answer 24

Enforcement will not be directed to strict compliance but rather having regard to the reason for imposing a ban

Time place and circumstances will dictate whether it is appropriate to take enforcement action

Enforcement will be directed to preventing alcohol related harm and anti social behaviour caused by the consumption of alcohol in a public place

Question 25

Ways to tell whether alcohol related harm and anti social behaviour may be occurring

Answer 25

The existence of a disorder, violence anti social behaviour in a particular location

Behaviour related complaints from the public

Behaviour observed giving cause for concern about the probability of disorder or violence

Evidence of intoxication in a public place

The gathering of individuals that in assessment of attending officers is likely to result in anti social behaviour associated with alcohol consumption

Question 26

Local government act section 147

Answer 26

You must prove the identity of the offenders and that they have breached a by law for alcohol ban by

Consuming alcohol
Bringing alcohol
Possessing alcohol
In a public place specified in the by law

Penalty is $250 fine

Question 27

Section 4 mental health act - compulsory assessment and treatment may not be invoked because

Answer 27

People's religious beliefs, cultural beliefs
Sexual preferences
Criminal behaviour
Substance abuse
Intellectual ability